August 10, 2020
In a case brought by the New York attorney general, a New York federal district court has vacated portions of regulations issued by the U.S. Department of Labor (DOL) under the Families First Coronavirus Response Act (FFCRA). The FFCRA provides paid leave for specified coronavirus (COVID-19) related reasons, and generally applies to private employers with under 500 employees, and most public employers, regardless of size. Two types of leave are required under the act: emergency paid sick leave of up to 80 hours, and up to 12 weeks of partially compensated emergency family medical leave under an expansion to the Family and Medical Leave Act.
At this time, it is unknown as to whether the DOL will appeal the decision, or whether other states will bring similar court actions or, if they do, whether courts in other jurisdictions would reach the same result.
The opinion struck down the following provisions in the FFCRA leave rules because they are inconsistent with the law:
As indicated above, there are a lot of unknowns at this time as to the impact this ruling will have outside the jurisdiction of the Southern District of New York. Employers are advised to stay updated on developments in these areas to ensure their FFCRA leave policies comply with the law.
Please also feel free to reach out to your Burnham Benefits Consultant or Burnham Benefits at 949‐833‐2983 or firstname.lastname@example.org. For up-to-date information on COVID-19, please also visit our dedicated Response Center.
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